If you were injured while working for a railroad engaged in interstate commerce, you may be able to recover compensation for your injuries under the Federal Employers' Liability Act (FELA). If you have questions about holding your employer liable under FELA, contact our firm to schedule a consultation with an experienced attorney.
Contact an Experienced Attorney
Regarding Federal Employers Liability Act Based Claims
In the event of a railroad injury, injured and bereaved clients should consult with an experienced, accomplished personal injury law firm. Note: a FELA claim may be appropriate for a former railroad worker who suffers from mesothelioma as a result of exposure to asbestos while working on and around trains, or in railroad shops and buildings.
Call or e-mail James F. Humphreys & Associates, L.C., to schedule a free initial consultation after a railroad accident or occupational illness. From offices in Charleston and Washington, D.C., we serve clients throughout West Virginia and across the country, associating as needed with local attorneys in states where we are not licensed to practice.
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Railroads' Duties under FELA
When Congress enacted the Federal Employers' Liability Act (FELA) for the protection of railroad workers nationwide, it not only created a system in which injured workers could recover compensation for their injuries, it also established a duty for railroads to provide employees with a reasonably safe workplace. This duty is non-delegable. If you are a railroad worker who was injured on the job, or if a family member who worked for a railroad died in an accident at work, it is important to speak to an attorney at James F. Humphreys & Associates, L.C. in Charleston, WV.
Duty to Provide a Reasonably Safe Place to Work
The fundamental duty of a common carrier by railroad under FELA is to provide employees a reasonably safe work environment. A railroad must act with reasonable care, which is determined by considering whether a particular hazard was foreseeable. Generally, a railroad has a duty to:
- Make sure that the workplace is reasonably free of unsafe conditions
- Provide safe equipment and tools
- Warn employees of any unsafe conditions and hazards
Duty to Provide Training and Supervision
As part of their duty to provide a safe work environment under FELA, railroad companies must make sure that their employees are reasonably equipped and able to perform their assigned tasks. This duty includes ensuring that:
- Every worker is provided with all necessary training so that the employee can perform his or her respective job responsibilities safely
- All job activities and work conditions are adequately supervised, so that any injuries to subordinate employees are avoided
- Company rules regarding job safety are followed
Commonly Litigated Duties
FELA was enacted in 1908, and since that time, the following specific duties owed by railroads have been commonly litigated:
- Duty to know the nature of workplace conditions
- Duty to warn of unsafe working conditions
- Duty to fix unsafe work conditions if the railroad knew or should have known that its conduct was not sufficient to protect employees
- Duty to provide employees adequate help to accomplish their assigned jobs
- Duty to provide safe tools and equipment
- Duty to warn of dangerous tools and equipment
- Duty to draft and enforce company safety regulations
- Duty to assign workers to tasks that are within their physical capabilities
- Duty to educate and instruct employees about safe work practices
Speak to a Lawyer
Railroads must provide their employees with a reasonably safe work environment under FELA. If your employer has breached this duty and you were injured as a result, you may be able to recover compensation for your injuries. An attorney who has experience handling FELA cases at James F. Humphreys & Associates, L.C. in Charleston, WV, can guide you through the process of filing a claim.
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